GENERAL CONDITIONS
1. Booking contract
The booking application must be made in the specific website. The booking shall be deemed accepted, with consequent entering into of contract, only after the organisation has sent the relevant confirmation by electronic medium.
2. Payments
A maximum deposit equivalent to 25% of the price of the service to be paid when the booking is made, meaning when the binding request is made with balance to be paid at least 30 days before departure or at the time of booking if this is made within 30 days from departure. Failure to pay the above amounts on the established dates shall represent an express determination clause and shall give the broker agency and/or organisation the right to lawfully terminate the contract.
3. Price
The price of the service is indicated in the contract, with reference to what is indicated on the website.
Consumer withdrawal
The consumer shall be entitled to withdraw from the contract, without being required to pay a penalty, in the following cases:
- price increase by over 10%
- significant amendment of one or more parts of the contract objectively deemed as fundamental for purposes of the use of the service considered as a whole and proposed by the organisation after entering into the contract but before departure and not accepted by the consumer.
In the above cases, the consumer shall be alternatively entitled to:
- use an alternative service, among those suggested by the organisation, without any extra charge or with refund of price excess in the event of the second service costing less than the first one
- refund of the price already paid only. Such refund shall be made within seven workdays from when the refund is requested. The consumer shall notify his/her decision (to accept the amendment or withdraw) within at most two workdays from when he/she receives notice of increase or change.
Failure to give such notice within the above term, shall be deemed as acceptance of the organisation's proposal. Consumers withdrawing from the contract before departure and for other reasons than those indicated above shall be required to pay - quite apart from the deposit referred to in art. 2 of para. 1 -, besides the registration fee, a penalty as follows:
- 10% up to 15 days before departure
- 30% up to nine days before departure
- 50% of the participation cost within such term
Note: Calculation of the days shall not include that of withdrawal, notice of which must arrive within one workday before the travel date.
4. Amendment or cancellation of the service before departure
In the event, before departure, of the organisation giving written notice of its impossibility to provide one or more services and suggesting an alternative solution, the consumer shall be entitled to alternatively exercise the right to re-obtain the amount already paid or to accept the offer of an alternative service. The organisation that cancels (art. 1469 bis no. 5 of the Italian Civil Code) shall pay the consumer double the amount paid by the latter and received by the organisation through the travel agent. The refunded amount shall never be higher than double the amounts owed by the consumer on the same date in accordance with the provisions of art. 4, sub-section 4 above in the event of cancellation.
The changes requested by the traveller once the booking has already been confirmed involves operating expenses for the organisation and sometimes the charging of penalties by suppliers.
5. Changes after departure
In the event of the organisation being unable for any reason to provide an essential part of the services provided by the contract after departure, excepting for reasons for which the consumer alone is responsible, it shall provide alternative solutions, without any extra charge for the contracting party and, if the services provided are of lower value than those expected, it shall refund the difference.
6. Obligations of participants
The participants shall observe rules of normal care and diligence and shall follow all the instructions provided to them by the organisation, as well as the administrative and legislative regulations and provisions relating to the service. The participants shall be liable for all damage suffered by the organisation due to their failure to comply with the above obligations. The consumer shall provide the organisation with all documents, information and elements in his/her possession, useful for exercising the right of subrogation of the latter with respect to third parties responsible for the damage and shall be responsible towards the organisation for the prejudice suffered and right of subrogation.
7. Hotel classification
The official classification of hotels is provided in the catalogue or other informative material.
8. Liability
The organisation shall be liable for damage suffered by the consumer due to total or partial breach of contract both in the case of the services being provided directly by the organisation or third party service providers, unless the event is caused by the consumer (including initiatives taken independently by the latter during the course of execution of the tourist service) or by circumstances outside the provision of the services provided in the contract, by accidental occurrences, by force majeure, or by circumstances which the organiser could not have reasonably foreseen or overcome using professional diligence. The vendor where the booking of the tourist package was made shall under no circumstances be liable for the obligations stemming from his role as broker or in any case within the limits for such liability provided by the aforementioned laws or agreements.
10. Limits of refund
The refund the organisation is called upon to pay for damage caused to persons shall not in any case exceed the indemnity provided by international agreements with reference to the services the non-performance of which has caused the liability: and more specifically, the Warsaw Convention of 1929 on international air transport in the amended Hague text of 1955; the Berne Convention (CIV) ON RAIL TRANSPORT. The Brussels Convention of 1970 (CCV) on travel contracts covering all aspects of liability on the part of the organisation. In any case, maximum refund shall not exceed the amount of "2000 gold francs Germinal for damage to things" as provided by art. 13 no. 2CCV and 5000 gold Francs Germinal for any other damage and that established by Art. 1783 of the Italian Civil Code.
11. Obligation of assistance
The organisation shall be obliged to provide all assistance measures to the consumer required by the principal of professional diligence, exclusively with reference to its own obligations in accordance with legal or contractual provisions. The organisation and the vendor shall be exempted from their respective liabilities (Art. 12 and 13), whenever the non-execution or unexpected execution of the contract is to be put down to the consumer and depends on a third occurrence of an unexpected or inevitable nature, meaning an accidental or force majeure occurrence.
12. Claims or reports
Every failure to execute the contract must be reported by the consumer without delay so the organisation, its local representative or the accompanying person can promptly remedy the problem. The consumer shall also be entitled to make claims by registered mail, with recorded delivery, to the organisation or seller, within ten workdays from the date of return to the departure locality.
13. Insurances
The organisation is covered by insurance policy no. 209/60/132791 with the INAASSITALIA insurance company.
14. Mandatory information-Technical sheet
The agency Viaggi Perla di Mare of gesturist s.p.a. is the owner of the Provincial Administrative authorisation of Forlì-Cesena no. 02218 dated 16/01/2001.
The agency Viaggi Perla di Mare of Gesturist s.p.a. is covered by insurance policy no. 209/60/132791 with the INAASSITALIA insurance company.
This catalogue is valid for the period 23/03/02 to 31/10/02
15. Guarantee Fund
1. A national guarantee fund is established at the presidency of the council of ministers - notebook 43 relating to expenses for tourism and entertainment - to allow, in the case of insolvency or bankruptcy of the seller or the organisation, the refund of the amount paid and the return home of the consumer in the case of travel abroad, as well as to provide immediate economic availability in case of forced re-entry of tourists from countries outside the EU in case of emergencies, whether attributable or not to the behaviour of the organisation.
2. The fund is replenished annually by an amount equivalent to 2% of the mandatory insurance policy premium as indicated at art. 20 paid into the income of the State Budget and then re-allotted by decree of the Treasury Ministry to the fund at sub-section 1.
3. The fund shall be entitled to avail itself of the right of recourse with respect to the defaulting party.
4. Within three months from the publication of this decree the procedures for fund management and fruition (9) will be determined by decree of the President of the Council of Ministers together with the Treasury Minister.
16. Competent law court
For any disputes, the only competent law court shall be that of Forlì.
Everything then is simpler, more immediate, faster and clearer.
If we can be of any further assistance please do not hesitate to contact us at: info@to-my-italy.com
Good surfing. It will be nice for you to discover our coast. When you arrive in one of our hotels it will be an honour to offer you a good glass of wine.
DOLCE VITA staff
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